Sec. 555.012. COUNTERCLAIM OR SUIT. (a) A person who provides information or assistance under Section 555.002(c) and who is named as a defendant in a civil action filed as a result of the information or assistance may file a counterclaim in a pending action or may prove a cause of action in a subsequent suit to recover defense costs, including court costs, attorney's fees, and damages incurred as a result of the civil action, if the plaintiff's original suit is determined to be frivolous, unreasonable, without foundation, or brought in bad faith.
(b) A board employee or member or an agent of the board who is named as a defendant in a civil action filed as a result of an action taken in the person's official capacity or in the course and scope of employment may file a counterclaim in a pending action or may prove a cause of action in a subsequent suit to recover defense costs, including court costs, attorney's fees, and damages incurred as a result of the civil action, if the plaintiff's original suit is determined to be frivolous, unreasonable, without foundation, or brought in bad faith.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Structure Texas Statutes
Subtitle J - Pharmacy and Pharmacists
Chapter 555 - Public Interest Information and Complaint Procedures
Section 555.001. Public Interest Information
Section 555.003. Complaint Form
Section 555.004. Assistance With Complaint
Section 555.005. Records of Complaints
Section 555.006. Notification Concerning Complaint
Section 555.007. General Rules Regarding Complaint Investigation and Disposition
Section 555.008. Notice to Board Concerning Complaints
Section 555.009. Public Participation